SURIJBAL SONI Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this petition being aggrieved by the fact that the respondent authorities have superannuated the petitioner from service as a Gang Labour with effect from 31.08.2009 by treating his date of birth to be 01.09.1947 contrary to law, as the certificate issued by the Government Primary School, Khutha and the mark sheet issued by the Hellen Kaller High School for the Blind, Indore clearly indicate that the petitioner's date of birth is infact 10.07.1954.

(2.) The brief facts, leading to the filing of the present petition, are that the petitioner was initially engaged as a Gang Labour on 28.03.1983. While entering into service, his service book was prepared in which his date of birth has been recorded as 01.09.1947 on the information given by the petitioner himself. It is stated that subsequently the petitioner, after obtaining his mark sheet from Hellen Kaller High School for the Blind, Indore and Government Primary School Khutha, District Satna, approached the authorities in the year 1994 for change of his date of birth which fact is very specifically and categorically denied by the respondents. It is stated that in the year 2007, the matter was again clarified by Principal of the Hellen Kaller High School for the Blind stating that the petitioner's date of birth was 10.07.1954 and on that count the petitioner again requested for change of his date of birth by filing representations on 23.12.06, 23.08.07 and 25.06.09. However, the respondent authorities without making any correction in the date of birth, superannuated the petitioner with effect from 31.08.2009. Being aggrieved by which, the petitioner has filed the present petition.

(3.) The learned counsel for the petitioner submits that the date of birth of the petitioner, recorded in the mark sheet issued by the Hellen Kaller High School for the Blind, Indore issued on 15.12.1997 is 10.07.1954. Similarly, the certificate issued by the Principal of Government Primary School, Khudhan also records the date of birth of the petitioner to be 10.07.1954 and in such circumstances, in view of the certificates issued by the relevant schools, the petitioner's service record be corrected and the petitioner be permitted to continue in service till the age of 62 years treating his date of birth as 10.07.1954. The learned counsel for the petitioner has relied upon the decision rendered by the Single Bench of this Court in the case of Laxmi Narayan Agrawal Vs. State of M.P. and Others, 2012 1 MPLJ 153, in support of his submissions.